Borough of Upper Saddle River, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Upper Saddle River 5-14-1997 by Ord. No. 3-97. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 122.
Vehicles and traffic — See Ch. 145.
As used in this chapter, the following terms, phrases and words shall have the following meanings:
BOROUGH
Borough of Upper Saddle River.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
TOWER OR WRECKER
A motor vehicle or person engaged in the business of or offering the services of a vehicle, wrecker or towing service for the purpose of towing, transporting, conveying or removing any other motor vehicle, whether or not such motor vehicle may be operated under its own power or is disabled, inoperable, impounded or abandoned.
A. 
By January 15 of each year, the Mayor and Council shall approve a towing list, and the companies, firms or entities thereon shall be entitled to tow, transport, convey, remove or repair any and all kinds of vehicles which shall be required to be removed from any public or private property or public right-of-way, as determined by the Police Department. The firms on the towing list shall be utilized by the Police Department on a rotation basis and shall be the only contractors eligible to perform such service, except in circumstances when an owner or authorized operator of a motor vehicle requests the service of another tower or wrecker.
B. 
Upon approval by the Mayor and Council of the towing list, each tower or wrecker appearing thereon shall be issued a license by the Chief of Police and shall be required to enter into an agreement with the Borough governing the services to be performed during the effective period of the towing list.
Application for a license, as required under § 128-2, shall be made on a form prescribed by the Borough which shall provide the following information, the truth of which shall be sworn or attested to by the applicant:
A. 
The year, make, type and registration number of all vehicles and wreckers to be used by the towing service.
B. 
The name and address of the applicant, and if a corporation, the name and address of each officer and director thereof, and if a partnership, the name and address of each partner thereof.
C. 
The name and address of the owner of the towing service if other than the applicant.
D. 
A listing of all locations from which the towing service or wrecker principally operates.
[Amended 12-8-1999 by Ord. No. 11-99]
E. 
A listing of all locations to which motor vehicles are towed.
F. 
A disclosure of any and all criminal convictions of the applicant or any principals thereof, as well as any employees thereof.
G. 
Disclosure as to whether the towing service or wrecker is an accessory use to an operating gasoline service station.
An applicant for a license to be placed on the towing list shall be required to satisfy the following criteria:
A. 
The applicant shall have personnel available to respond to a call 24 hours a day, seven days a week.
B. 
The applicant's principal place of business shall be located in the State of New Jersey and shall be limited to the contiguous municipalities of the territorial limits of the Borough of Upper Saddle River, New Jersey. (This shall not apply to those licensed by the Borough of Upper Saddle River, New Jersey on the effective date of this section.)
[Amended 12-8-1999 by Ord. No. 11-99]
C. 
Employees shall be at least 18 years of age and shall have a satisfactory driving record and valid driver's license.
[Amended 12-8-1999 by Ord. No. 11-99]
D. 
Employees shall be required to have appropriate identification issued by the applicant and shall not have ever been the subject of a criminal conviction, except for minor traffic violations.
E. 
Towing trucks and other equipment shall have two-way radio or cellular telephone capability with the dispatching center on a twenty-four-hour basis.
[Amended 12-8-1999 by Ord. No. 11-99]
F. 
The applicant shall provide evidence that it has the ability to accept all major credit cards.
G. 
A towing service or wrecker shall maintain for public inspection a copy of its fee schedule at its place of business.
[Amended 3-13-2002 by Ord. No. 3-02]
An application for a license shall be accompanied by certificates of automobile and garagekeeper's liability insurance, issued by an insurance company authorized to do business in the State of New Jersey, with each policy to carry limits of not less than $750,000 per person and $1,000,000 per accident for bodily injury and not less than $1,000,000 for property damage. The Borough of Upper Saddle River shall be included as a named insured in such policies. In addition, evidence shall be submitted that the applicant has in effect worker's compensation insurance and such other coverage as may be mandated by applicable law.
Any person being issued a license for placement on the towing list shall be required to be governed by the following in connection with its operations within the Borough:
A. 
No vehicle which is towed, removed, conveyed or stored, as a result of police impoundment, removal or abandonment, shall be removed from the boundaries of the State of New Jersey.
B. 
No vehicle impounded will be released without the permission of the Upper Saddle River Police Department.
C. 
The Chief of Police shall adopt and enforce reasonable rules and regulations for wreckers.
D. 
All vehicles towed or stored shall be done in a safe, secure, and adequately lighted impound yard.
The Chief of Police of the Borough is hereby designated as the municipal officer responsible for the enforcement of the provisions of this chapter. The Chief of Police is authorized to establish a system of rotation in the assignment of persons being issued licenses for placement on the towing list as provided for in this chapter.
A. 
Any towing service or wrecker called upon to tow a vehicle at the request of the Police Department of the Borough shall charge no more than the rates set forth on the annual fee schedule for such services, as adopted by the Mayor and Council.
B. 
The towing service or wrecker shall give the owner or authorized operator of the vehicle towed a written receipt for the fee paid.
C. 
When towing services are required by the Police Department of the Borough, applicable charges shall be governed by the day rate for services rendered between 8:00 a.m. and 4:30 p.m., Monday through Friday inclusive, except for official New Jersey state holidays. The night, weekend and holiday rate shall be applicable at all other times.
A. 
Any license issued under the provisions of this chapter may be revoked by the Mayor and Council after notice and hearing for one or more of the following causes:
(1) 
Fraud, misrepresentation or any false statement contained in the application for a license.
(2) 
Any violation of the provisions of this chapter.
(3) 
Unsatisfactory performance of the requirements of this chapter.
(4) 
Conviction of any crime for disorderly persons offense.
B. 
Notice of the hearing for revocation of a license shall be given to the licensee, in writing, setting forth specifically the basis for the complaint and the time and place of hearing which shall be conducted by the Mayor and Council. At such hearing, a licensee shall be entitled to be represented by legal counsel and shall be further entitled to present any witnesses, testimony or evidence on its behalf.
C. 
The Chief of Police may temporarily suspend, pending a hearing as specified in § 128-9B, the towing license of any tow operator for violation of any rule or regulation, State of New Jersey statute or Borough ordinance governing the towing or disposition of motor vehicles.
[Added 12-8-1999 by Ord. No. 11-99]